Nazir - Daf 11
- מזגו לו את הכוס ואמר הריני נזיר ממנו
The next Mishnah states: מזגו לו את הכוס ואמר הריני נזיר ממנו – They poured him a cup of wine and he said, “I am a nazir from it,” הרי זה נזיר – he is a nazir. The Mishnah continues with a story of a drunk woman for whom they poured a cup of wine, and she said, “I am a nazir from it,” and the Chochomim said that she only intended to make it like a korban to herself (meaning, forbidden with a neder). The Gemara asks that this story contradicts the very ruling it is presented to support, because she was only forbidden to that cup of wine and did not become a nazir. It answers that the Mishnah should be emended to teach a second law, that if a cup was offered to a drunk and they declared nezirus from it, their intent is assumed to be merely a neder from that cup. The Gemara asks why he did not say so and explains that he thinks that if he will make a neder from that cup, they will ply him with others, so instead he declares nezirus to stop them completely, although he only means a neder.
- הריני נזיר על מנת שאהא שותה יין ומיטמא למתים
The next Mishnah teaches: הריני נזיר על מנת שאהא שותה יין ומיטמא למתים – If one said, “I am a nazir on condition that I may drink wine,” or “that I may be become tamei from the dead,” הרי זה נזיר ואסור בכולן – he is a nazir and forbidden in all of them, and his condition is ineffective. If he said, יודע אני שיש נזירות אבל איני יודע שהנזיר אסור ביין – “I know that there is nezirus, but I did not know that a nazir is forbidden in wine,” he is forbidden in wine as an ordinary nazir, but Rebbe Shimon permits him in wine, and does not consider him a nazir, because he holds on Daf 3b that all prohibitions must be accepted to effect nezirus. The Gemara asks why Rebbe Shimon does not argue in the first case as well, where the vower stipulated to be permitted in wine. Rebbe Yehoshua ben Levi says that he does, and Rebbe Shimon is addressing both cases. Ravina says that Rebbe Shimon concedes in the first case that he is a nazir, because he is מתנה על מה שכתוב בתורה – stipulating against what is written in the Torah (about a nazir’s prohibitions), and such a condition is void. Rebbe Yehoshua ben Levi considers this an exclusion, not a condition, so Rebbe Shimon would permit it. The Gemara supports Ravina from a Baraisa.
- הריני נזיר ועלי לגלח נזיר ושמע חבירו ואמר ואני ועלי לגלח נזיר
The next Mishnah states: הריני נזיר ועלי לגלח נזיר If one said, “I am a nazir, and it is also upon me to ‘shave’ a nazir” (i.e., to provide his korbanos, which enable him to shave at the end of his term), ושמע חבירו ואמר ואני ועלי לגלח נזיר – and his friend heard and said, “And I, and upon me to ‘shave’ a nazir,” אם היו פקחים מגלחין זה את זה – if they are smart, they “shave” each other (i.e., provide each other’s korbanos), ואם לאו מגלחין נזירים אחרים – and if not, they “shave” other nezirim. The Gemara asks: שמע חבירו ואמר ואני – If his friend heard and said only, “And I,” what is the law? Does “And I” refer to both declarations of the first person, or only one? If it refers only to one, which one? The Gemara suggests a resolution from our Mishnah, which implies that “And I” only refers to the first declaration of becoming a nazir, which is why he added, “and upon me to shave a nazir.” The Gemara rejects the proof and says that he may have simply explained his commitment, although it was unnecessary.
